Right to use the garden?

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    Right to use the garden?

    Hi I am looking into trying to get the right to extend into the garden which is shared (4flats) and looking at the lease it says

    The right in common with all others entitled to the like right to use and enjoy the rear garden at the property.

    Does this mean we jointly own the garden or not ? It doesn't sound like It!

    #2
    It's the Landlord's. You only have the right to use the garden along with you neighbours.

    You need to talk to your Landlord.

    Comment


      #3
      Originally posted by jimmynitcher View Post
      Hi I am looking into trying to get the right to extend into the garden which is shared (4flats) and looking at the lease it says

      The right in common with all others entitled to the like right to use and enjoy the rear garden at the property.

      Does this mean we jointly own the garden or not ? It doesn't sound like It!
      Are you trying to annex part or the whole garden?

      Comment


        #4
        Originally posted by Tipper View Post
        You need to talk to your Landlord.
        If the other tenants also have rights you need to talk to them too.

        Comment


          #5
          Yes the other tenants are agreeable but one pointed out the 'right to use' element that we all have on our leases.

          I would like to buy the whole garden so I can not only extend another room into it but also change it to my entrance way.

          I got the address of the free holder off the land registry, they have hundreds of properties apparently. They use a third party agency to deal with all enquiries who literally charge hundreds for every exchange.

          I was thinking of sending a letter to them asking if they would consider selling it to me direct, what do you think of this idea?

          Thanks for your help folks.

          Comment


            #6
            As lawcruncher says, even if you did manage to buy the garden you will need still the agreement to vary the leases of the 3 other flats.
            They would be very foolish to give up their rights lightly.
            It could be very costly.

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              #7
              I've just had an idea, if it's only 'righ to use' what if the freeholder sold me the garden and we left the leases. I'm only planning to use half the garden !

              Comment


                #8
                Also the other flats leases are all on 85 , so they might be amenable for some cash from me ...can they be altered when they are renewed?

                Comment


                  #9
                  I think it would be cheaper to buy a property with the bigger garden.

                  You need all stakeholders to agree and why would they.

                  Comment


                    #10
                    Because they dont use the garden and they need cash to renew their leases. Plus I can throw in a balcony and door for the flat above which currently has nothing.
                    If the leases are being renewed the changes can be made then.
                    I am happy with the position of the flat , to get a ground floor one with a garden in this area is very rare and I would be going through more hassle with the buying and selling and moving, so I dont really see how that is less inconvenient!

                    Comment


                      #11
                      It's not the size of the garden that matter anyway

                      Comment


                        #12
                        The freeholder can't sell you the garden without amending the leases of the other leaseholders who have a right to use it.

                        The value of the leases would be considerably diminished without access to a garden (right now properties with gardens are at a premium because of the plague). So they'd want some kind of compensation - which could be a longer lease (but that's not really in the freeholder's interest either).

                        I don't really see why anyone else would want to agree to what you want to do, which sounds extremely expensive to me.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Originally posted by jimmynitcher View Post
                          Because they dont use the garden and they need cash to renew their leases. Plus I can throw in a balcony and door for the flat above which currently has nothing.
                          If the leases are being renewed the changes can be made then.
                          I am happy with the position of the flat , to get a ground floor one with a garden in this area is very rare and I would be going through more hassle with the buying and selling and moving, so I dont really see how that is less inconvenient!
                          Ok, so let us say the other leaseholders ask 50k each, freeholder -100k.

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